A US Department of Labor investigation has recovered $139,975 in back wages from a Spartanburg home healthcare provider that wrongly exempted 29 employees from overtime and failed to pay them proper wages in violation of federal regulations. The department’s Wage and Hour Division investigators found Apella Health Management, operating as Spartanburg Regional Healthcare System, listed some occupational therapy and physical therapy assistants as overtime exempt and paid them on a per-visit rate when, in fact, they did not meet the duties test for learned professionals. By doing so, the employer violated the Fair Labor Standards Act by not paying the additional half-time rate for hours over 40 in a workweek. Apella Health also failed to maintain records of hours worked by the affected workers. “To use the ‘learned professional employee’ overtime exemption, employers must meet several criteria and cannot apply the criteria randomly,” said Wage and Hour Division District Director Jamie Benefiel in Columbia, South Carolina.
